The criminalization of violence against women : comparative perspectives Heather Douglas, Kate Fitz-Gibbon, Leigh Goodmark and Sandra Walklate
Contributor(s): Douglas, Heather [Editor]
| Fitz-Gibbon, Kate [Editor]
| Goodmark, Leigh [Editor]
| Walklate, Sandra [Editor]
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Introduction: Whither Criminalization? / Heather Douglas and others
1 The Criminalization of Coercive Control: The Benefits and Risks of Criminalization From the Vantage of Victim-Survivors /
Kate Fitz-Gibbon and others
2 The Criminalization of Psychological Violence in Brazil: Challenges of Legal Recognition and Unintended Consequences /
Thiago Pierobom de Ávila
3 Criminalization at the Margins: Downblousing, Creepshots, and Image-Based Sexual Abuse / Clare McGlynn
4 Sexual Violence in Criminal Law: Presumptions, Principles, and Premises in Relation to the Crime of Negligent Rape /
Ulrika Andersson
5 Criminal Justice Responses to Domestic Violence in Fiji /
Jojiana Cokanasiga
6 Sentencing Aboriginal Women Who Have Killed Their Partners: Do We Really Hear Them? / Kyllie Cripps
7 United States v. Maddesyn George: The Consequences of Criminalization for Native Women in the United States / Leigh Goodmark
8 Prosecuting Intimate Partner Sexual Violence: Reforming Trial Process by Reimagining the Judicial Role / Elisabeth McDonald
9 “If It’s Good for the Goose, It’s Good for the Gander”: Perceptions of Police Family Violence Policy Adherence in Victoria, Australia / Ellen Reeves
10 Operationalizing Coercive Control: Early Insights on the Policing of the Domestic Abuse (Scotland) Act 2018 /
Michele Burman and others
11 The Consequences of Criminalizing Domestic Violence: A Case Study of the Nonfatal Strangulation Offense in Queensland, Australia / Heather Douglas and Robin Fitzgerald
12 Human Rights Penality, the Inter-American Approach to Violence Against Women, and the Local Effects of Centering Criminal Justice / Silvana Tapia Tapia
View chapter
13 Intersectionality, Vulnerability, and Punitiveness: Claims of Equality Merging Into Categories of Penal Exclusion and Secondary Victimization / Gema Varona
14 Dangerous Liaisons: Restorative Justice and the State /
Aparna Polavarapu
15 Bureaucratic Violence: State Neglect of Domestic and Family Violence Victims in Aceh, Indonesia / Balawyn Jones
16 Reclaiming Justice: Understanding the Role of the State and the Collective in Domestic Violence in India / Niveditha Menon
Historically, states have failed to seriously confront violence against women. Countries’ women’s rights movements have called on states to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including passage of substantive civil and criminal laws governing intimate partner violence, rape and sexual assault, and sexual harassment; development of civil orders of protection; and introduction of criminal legal system procedures to ensure effective intervention of police and prosecutors. Many countries have relied on the criminal legal system intervention to meet their requirements under international human rights standards. Although states have taken divergent approaches to passage and implementation of criminal laws and procedures to address violence against women, two things are clear: Criminalization is a primary strategy relied on by most nations, and yet criminalization is not having the desired impact. This book explores the extent nations have adopted criminal legal reforms to address violence against women, the consequences of implementation of those laws and policies, and who bears those consequences most heavily. The book examines—the need for both more and less criminalization, whether we should think differently about criminalization, and explores the tensions that emerge when criminal law, civil law, and social policy speak or fail to speak to each other. Drawing on criminalization approaches from across the globe, a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women is provided. (Authors' abstract). Record #8627